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Allaithi v. Rumsfeld: D.C. Circuit Affirms
A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v. -
The Bergdahl Swap: Who Kicked Off the "Political Football" Game?
President Obama complained yesterday that Sergeant Bergdahl is “not a political football.” That should be true, but unfortunately President Obama is responsible for kicking off the football game by ann... -
Vice-President Cheney’s Funny Criticism of President Obama for Not Complying with the GTMO Notice Requirement
I laughed when I heard former Vice-President Cheney on the Laura Ingraham show (approximately the 8:15-9:10 mark) criticizing President Obama for not notifying Congress under Section 1035 of the 2014 NDA... -
Government Files Response to Al Janko's Petition for Rehearing En Banc
Today the government filed its response opposing Abdul Rahim Abdul Razak al Janko's petition for an en banc rehearing. Back in January, a three-judge panel of the D.C. -
The Administration's New (and Unconvincing) Reading of the Notice Requirement for GTMO transfers
The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds. -
Commentary on Bond
Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and -
Another PRB, Another Detainee Cleared for Transfer
This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week: The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer... -
One or Two Other Statutes the President Likely Disregarded in The Bergdahl Deal [UPDATED]
Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute... -
Thoughts on the Bergdahl-for-Taliban Trade
What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it... -
Mike Lewis on the Lack of an IHL Transparency Requirement for Drone Strikes
Professor Mike Lewis (Ohio Northern University's Pettit College of Law) writes in with the following guest post: There Is No Transparency Requirement for Drone Operations -
The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl
Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds. Section 1035 of the 2014 NDAA authorizes the Def... -
Who Was Bowe Bergdahl?
Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him: It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp...
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